Court claim . Lowell .

[Podkin92]

This is what was sent with the claim form :Sorry I cant reduce size
Would you kindly explain how I present the defence and what to include ?
I apologise asking this of you but feel overwhelmed by this , and just need to get it completed !
Many thanks for your time .

[Podkin92]

Tried to copy and paste the particulars of claim but hasn’t worked !
The agreement was started on 29/02/04
Agreement terminated as I didn’t pay the charges and interest and
assigned to claimant on 20 /12 /2012

Any help in filling out defence appreciated .

Many thanks

[Podkin92]

Having checked old paperwork it looks like the debt was initially sent to Moorcroft from JD Williams around June 2011.
The amount due at that time was £1055( Having risen from the initial £80 ) .
It looks like I was trying to pay around £58 a month and defaulted .
It must have then been sold to Lowell !

When writing the defence how much detail do I go into ?
Do I just quote the act of 7 . Statue barred ?
Do i quote S14 ?

Im so confused on how to do this and it my mum is getting worse daily so desperately need to get this sent .

Although I heard from the Lowell solicitor I havent heard back from Lowell yet ( over 7 days ) .
Do include this in defence ?

Should I send Statue Barred letter to Lowell ?

I would be so grateful if anyone could help me write this defence letter , but I appreciatte how busy everyone is and you have already helped so much .
I just feel so stupid with this !

If anyone can help ! i would happily send a donation to their given charity. I dont have much but I would be so grateful .

Many thanks for reading .
Christina

[MIKE770]

Example Defence

[Podkin92]

Tomorrow is the last day fo submit my defence .
Having so much going on with doctors and mum , its hard to focus well . Plus when my mum passes , I will become homeless as such as we share the rent since i gave up work to look after her .
Anyway my problem , but a lot going on making it hard to gst my head completely around this !
So any help on writing the defence vsry much appreciatted !

So Lowell havent responded to the CPR request sent on 15th September .

Looking at the defence example :

Do I lay this out as shown ?

As there are limited lines on the defence do I need to put in all rhe details of claim number , claimants name and defendants name as the have this already ?

Do I copy out 1, 2 and 3 , 4

7 as statue barred ?
10 ?
11( did receive letter from soclitor )
12 ?

Do I need 16 to 18 ( sorry Im so confused )

Shall I mention in 14OA consumer credit act ?

Where and do I mention all the charges and interest ?

Will i have enough space to write all this ?

Sorry to seem so stupid !

[Podkin92]

Mediation tomorrow :
However I never received the original credit agreement from Lowell !
The item bought from JD williams was for around £80!( have never seen the original amount )
The amount I owe is over £1000 due to interest and charges , and the original payment was back in 2004 .
Looks like the debt was originally was given to Moorcroft and had already reached £1000 and i defaulted on the payments when I was trying to pay back over £30'a month !
It was passed to Lowell in December 2012 after payments of £88 paid but by then overv£1000 owed .
Looks like I then ceased comunication until this September when court order served .
I sent defence and now mediation tomorrow .
I just dont know how to move forward and if I dont do mediation what will happen !
Surely statutory barred due to the legnth of time ?
Advise appreciatted !

[Podkin92]

Today, 15:37:PM
Mediation tomorrow :
However I never received the original credit agreement from Lowell !
The item bought from JD williams was for around £80!( have never seen the original amount )
The amount I owe is over £1000 due to interest and charges , and the original payment was back in 2004 .
Looks like the debt was originally was given to Moorcroft and had already reached £1000 and i defaulted on the payments when I was trying to pay back over £30'a month !
It was passed to Lowell in December 2012 after payments of £88 paid but by then overv£1000 owed .
Looks like I then ceased comunication until this September when court order served .
I sent defence and now mediation tomorrow .
I just dont know how to move forward and if I dont do mediation what will happen !
Surely statutory barred due to the legnth of time ?
Advise appreciatted !

[Podkin92]

Today, 15:37:PM
Mediation tomorrow :
However I never received the original credit agreement from Lowell !
The item bought from JD williams was for around £80!( have never seen the original amount )
The amount I owe is over £1000 due to interest and charges , and the original payment was back in 2004 .
Looks like the debt was originally was given to Moorcroft and had already reached £1000 and i defaulted on the payments when I was trying to pay back over £30'a month !
It was passed to Lowell in December 2012 after payments of £88 paid but by then overv£1000 owed .
Looks like I then ceased comunication until this September when court order served .
I sent defence and now mediation tomorrow .
I just dont know how to move forward and if I dont do mediation what will happen !
Surely statutory barred due to the legnth of time ?
Advise appreciatted !

[Celestine]

Hang on let’s confirm these timescales. Defaulted in 2012 or 2004??
Court claim 2012? If so a court claim issued ‘freezes’ the Limitation Clock so never becomes time barred but would need courts permission to resurrect (and good reason such as new documents?)

[Podkin92]

The agreement with JD Williams was taken out in 2004 .
I don’t know when I defaulted as I haven’t been sent the original documentation but Lowell says the agreement was terminated and assigned to them 20/12/ 12_.
However I also have documents from Moorcroft who had the debt during 2011. I’m not sure what happened prior to that , but I didn’t maintain the approx £30 per month payments with Moorcroft!
so the original debt rose from £80:at the beginning to over £1000.
Apparently I have paid £88.
Is it worth going through mediation ?

[MIKE770]

you are expected to go through mediation regardless, but answer the question above??

[MIKE770]

Moorcroft did never own the alledged debt only hopeful commission collectors by the way!

[MIKE770]

very confusing? has this been through court 2012 ans stayed, no movement till now?? and were you informed that lowells applied to lift stay??

[Podkin92]

No . Lowell took over in 2012, but nothing through courts until now in september this year . Have not heard from them until just before September .

[MIKE770]

put up what the courts sent you then we can see what has happened? (but no name account number showing)